Constitutional theory is asetofprincipleguidelinesuponwhichthe Constitution of the United States finds itsfootings.Primarilyaimedat opposing the despotic nature of European governments,theUSConstitution thus proposes and establishes such golden principles that “governmentcomes from below and not from above; and it derives its powersfromtheconsent of the governed; and that men have certain natural, inalienable rights;and that it is wiseandfeasibletodistributeandbalancepowerswithin governments, providing local powers to thelocalgovernmentsandgeneral powers to the national government; and that men are bornequalandshould be treated as equal before the eyes of thelaw”.(Murphy,2000;Ponceau, Why was such a document so important to the new nation’ and Whathistorical The importance of the US Constitution can beassessedfromobservingthe ‘Articles of Confederation’, the single document framed during thepresence of the British armies in America. The’ArticlesofConfederation’lacked both the national executive as wellasthenationaljudiciary.

Further, with no powers to exercise, and without theabilitytoraiseanational military, the central government was at a loss, since powers vestedbythe said ArticlesofConfederationdidnotallowauthorityoveritsown citizens, it could not prevent any violation by a stateontherightsof the other, and nor could the central governmentbuildeffectiverelations with foreign governments. The need thusroseforanestablishmentofa “more perfect union’, and hence the framing of the US Constitution. Thus, be it the powers to exercise authority overitsowncitizens,make and change laws, purse economic activity from American perspectives, tothe effectivepursuitofAmericaninterestsbothathome and at the int.

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